P.R. Laws tit. 23, § 6798
(a) Whenever the Tourism Company, after having held a hearing, determines that any charged rate, committed or omitted action, or practice put in effect has violated any order, was unfair or unreasonable, established unjustified or illegal differences or preferences, or if the charged rate exceeds the rate filed, published and in effect at the time that the service was rendered, it may order the tourist ground transportation company to pay to the injured party, within a reasonable specified term, the amount of the damages suffered as a result of the rate, action, omission, or unfair, unreasonable or illegal practice. The order issued to that effect shall contain findings of fact and the amount to be paid.
(b) If the tourist ground transportation company does not comply with the aforementioned order to pay the amount of money within the specified term, the person to whom the payment is ordered may file legal action to claim the amount. Said action shall be processed, regardless of the amount, in accordance with Rule 60 of the Rules of Civil Procedure in effect. The order issued by the Tourism Company shall constitute prima facie evidence of the facts therein, and that the amount adjudicated is owed to the plaintiff in said legal action. The defendant tourist ground transportation company may not raise the defense that the service, as an issue of fact, was rendered to the plaintiff for the price contained in the rate in effect at the time in which the payment was made and received.
(c) No indemnity shall be granted by the Tourism Company, unless the complaint or petition has been filed before it within two (2) years, calculated from the date when the cause of action occurred. The suit to enforce compliance with the order to pay the amount shall be filed within one (1) year from the date the order was issued.
(d) No action shall be instituted for the damages referred to in this section, until the Tourism Company determines that the rate, action or omission in question was unfair, unreasonable, or established unfair differences or illegal or unreasonable preferences, or in excess of the prices contained in said rates, and said action shall be limited to a claim for the damages that the Tourism Company would have adjudicated and ordered.
(e) As part of the proceedings, the Tourism Company may order the defendant to refrain from continuing to charge the rate or from carrying out or omitting the action or the practice object of the complaint and, to that effect, it may demand that the complainant must make a reasonable deposit appropriate to the amount that justifies the terms of the complaint subject to a determination to be made by the Tourism Company at a later date on the case.
History —Dec. 19, 2002, No. 282, § 32a, eff. 180 days after Dec. 19, 2002.